Balu Nair

Alumni

Balu completed his LL.M. from Melbourne Law School as an Alex Chernov Scholar. Prior to that, he was a litigating lawyer.

Balu is interested in a range of public law issues, with his recent research focusing on federal asymmetry, government liability for publicly held data, and horizontal application of fundamental rights. He is also particularly interested in the interface between public law and private law.

Publications

Blog

Abrogation of Article 370: Can the president act without the recommendation of the constituent assembly?

February 5, 2020

The paper examines if the commonly cited reasons & modes for abrogating Article 370 are legally and normatively valid. It goes on to argue that the attempts to abrogate Article 370 without the recommendation of a constituent assembly for J& K is constitutionally suspect.

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Content Moderation by Private Platforms: Can Fundamental Rights be Invoked?

April 3, 2020

As the Corona pandemic rages across the world, another scourge has gripped the internet ever so strongly – misinformation. The hard task of fighting misinformation has become even harder as the human content moderators are forced to sit at home due to the outbreak. Privacy-related restrictions mean that such moderators are unable to work from home and Artificial Intelligence has taken over the bulk of the work. This, in turn, is leading to arbitrary moderation of even content which is legitimate.